A company may be struck off by the Registrar of Companies (ROC) due to non-compliance, failure to file annual returns, or inactivity for a continuous period. However, if the company wishes to resume operations, it can apply for restoration of its name in the Register of Companies under Section 252 of the Companies Act, 2013.
Understanding the procedure for restoration of a strike off company is crucial for business owners seeking to regain their company’s legal status and resume operations lawfully.
1. Identify the Cause of Strike Off
The ROC generally strikes off companies for not carrying on business or failing to file mandatory returns such as Form AOC-4 and MGT-7. Identifying the reason helps in preparing accurate documentation for restoration.
2. File Application to NCLT (National Company Law Tribunal)
A company or its directors can apply to the NCLT within 20 years from the date of strike-off. The application is filed under Form NCLT-9, along with supporting documents such as:
Certificate of Incorporation
Memorandum & Articles of Association (MOA/AOA)
Proof of business activity
Financial statements and annual returns
ROC’s strike-off notice (Form STK-7)
3. NCLT Hearing and Order
The NCLT conducts a hearing to verify the company’s intent and compliance status. If satisfied, it issues an order for restoration, directing the ROC to reinstate the company’s name.
4. Filing NCLT Order with ROC
Once the order is received, it must be filed with the ROC in Form INC-28 within 30 days, along with the prescribed fees. After approval, the ROC restores the company’s name, and it can legally resume operations.
5. Post-Restoration Compliance
After restoration, the company must file all pending annual returns, financial statements, and ensure compliance with the Companies Act.
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